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<br /> <br /> <br />To: Chair Ressler and Planning Commission Members <br /> Dustin Rief, City Administrator <br /> <br />From: Jeremy Barnhart, Community Development Director <br /> <br />Date: September 16, 2019 <br /> <br />Subject: #LA19-000064, City of Orono Text Amendment Related to Gardens as a Principal <br />Use <br />Public Hearing <br /> <br /> <br />Background <br />In 2011, the City Council (land use case 11-3504) adopted an ordinance that introduced Gardens <br />as a permitted use in all residential zoning districts. This amendment was created to allow the <br />development of a community garden on city owned property. <br /> <br />No definition of a garden was included in the ordinance amendment. Since gardens are a <br />permitted principal use, a principal structure (house, school, church, etc.) is not required, and all <br />of the allowed accessory uses are permitted, including docks, sheds, etc. which may defeat the <br />purpose of the zoning district, to provide housing or cultural options for the community. The City <br />Council directed staff to prepare an ordinance removing gardens as a principal use at their <br />workshop on August 12th. <br /> <br />Based on the 2011 amendment, one community garden was established, on City property east of <br />Willow Drive. This community garden still operates, and the Council recently approved an <br />extension to the license agreement. <br /> <br />Analysis <br />Staff has prepared an ordinance that strikes the reference to gardens as a principal use in 8 of 9 <br />residential zoning districts. In the district that houses the Community Garden, RR-1B, staff <br />proposes defining community garden, and allowing community gardens, while striking the general <br />“Garden”. The Planning Commission should comment on whether this deviation is appropriate. <br />These options are provided on lines 40-50 of the attached draft ordinance, Exhibit A. Without this <br />alternative text, the community garden could not be expanded, or relocated. In these situations, <br />a variance is not a remedy, as state statute does not permit “use” variances. <br /> <br />Public Comments <br />To date, no public comments have been received. <br /> <br />Application Summary: This ordinance would remove Gardens as a principal use in all <br />residential zoning districts, and add Community Gardens as a permitted use in the RR-1B zoning <br />district. <br />Staff Recommendation: Planning Department Staff recommends approval of the ordinance as <br />drafted.